Check whether your retrenchment looks fair

Why selection method matters

The usual principle in a retrenchment is Last In First Out within the affected group, and an employer needs a real reason to depart from it.¹ The redundancy itself also has to be genuine, not a cover for removing a particular worker.

Work through these flags

1. Were you selected outside the usual Last In First Out order, without a stated reason such as skill or performance criteria applied consistently across the group?

2. Did the company hire for the same or a similar role soon after your position was said to be redundant?

3. Was your role reassigned to an existing staff member rather than genuinely removed?

4. Were you given shorter notice or a smaller package than your contract or the law requires?

5. Did the retrenchment follow closely after you raised a complaint, took leave, or were involved in a dispute with your employer?

6. Were you asked to sign a release or settlement document quickly, with little time to read it?

What to do with your result

If two or more flags applied to you, keep your termination letter, contract and any evidence of hiring or reassignment together for a lawyer to review.

Whether or not any flags applied, make your Employment Insurance System claim through PERKESO within sixty days of termination, since this runs separately from any legal challenge.²

Read more on retrenchment and redundancy and check the deadline calculator if you intend to challenge the dismissal itself.

How a lawyer helps from here

A lawyer can look at your selection method, your package terms and the timing of events together, and tell you whether the pattern supports a challenge. They can also explain how a genuine redundancy is assessed so you know what evidence actually moves the question.